Legal Opinion
Newton v. State
New York Court of Claims
Decided December 28, 1961No. Claim No. 33153; Claim No. 33154; Claim No. 33155Published
1Opinion of the CourtCharles T. Major, J.
The above-entitled and numbered claims were filed to recover damages for loss of bees, including expense of replacing colonies, etc., allegedly destroyed by aerial spraying of DDT in oil by the State Conservation Department in May, 1953, in an attempt to eradicate or control a serious destructive outbreak of forest tent caterpillars. ■ The spraying was done mostly on “ sugar bushes ” or sugar maple trees in St. Lawrence, Lewis and Jefferson Counties.
The 'spraying was authorized by section 58 of the Conservation Law. It was a governmental function carried on within the police power under the…
2Cases cited12 opinions
- People v. . HarrisNew York Court of Appeals · 1893
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
- Boyce Motor Lines, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1952
- Lopez v. . CampbellNew York Court of Appeals · 1900
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